TERMS OF USE
SMGSA

Legal Notice Concerning the Web Site

The Signal Mountain Girls Softball Association ("SMGSA") maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. However, your access and use of the Site is subject to the terms and conditions contained in this Legal Notice (the "Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you expressly accept and agree to be bound by the Terms and Conditions, without limitation, qualification, or exception, notwithstanding any inconsistent provision in any other agreement to which you are a party.

Also see our Privacy Statement.

Terms and Conditions

1. All of the content on the Site, including without limitation the data, text, materials, images, logos, audio, video, bulletin boards, chat rooms, listservs, and communications received (all of the foregoing, the "Content") is owned by or licensed to SMGSA and is subject to legal protection under state and federal copyright, trademark, and other laws, except for any third party proprietary information or as otherwise noted. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, personal property rights, and other state and federal laws. You may download materials displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on such materials. You may not download, copy, distribute, modify, transmit, display, reuse, report, sell, profit by, or use any of the Content in any manner inconsistent with these Terms and Conditions.
2. While SMGSA makes reasonable efforts to include only accurate and up-to-date content on the Site, SMGSA makes no warranties or representations as to the accuracy or completeness of any of the Content. SMGSA assumes no liability or responsibility for any inaccuracies, technical or typographical errors, or omissions in the Content, and you expressly accept and assume all such risks and agree to hold SMGSA harmless for any damages, liabilities, and other loss directly or indirectly related to such risks.
3. You acknowledge and agree that your use of the Site is entirely at your own risk. In no event shall SMGSA or any other party involved in creating, producing, maintaining, or delivering the Site be liable in any manner for any actual, direct, incidental, consequential, indirect, punitive, or any other damages (including without limitation loss of use, data, or profits), nor for any other remedies or liabilities, in any manner arising out of or in connection with your use of the Site. Without limiting the foregoing, THE SITE AND ALL CONTENT THEREON ARE PROVIDED TO YOU "AS IS" AND SMGSA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE, BOTH EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. You expressly accept and assume all risks associated with all of the foregoing and agree to hold SMGSA harmless for any damages, liabilities, and other loss directly or indirectly related to such risks. Please note that some jurisdictions may not allow all of the above exclusions of implied warranties, so certain of the foregoing exclusions may not apply to you (although you agree to be bound by such exclusions to the fullest extent permitted by applicable law). SMGSA also assumes no responsibility and shall not be liable for any damages or loss due to computer viruses or similar hazards that may infect your computer equipment or other property in connection with your use of the Site or any Content. You expressly accept and assume all such risks and agree to hold SMGSA harmless for any damages, liabilities, and other loss directly or indirectly related to such risks.
4. The Site may offer opportunities for you to send messages or postings in connection with various features including mail, chats with special guests and forums to communicate with other users ("Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the Privacy Policy of the Site.
5. Any communication or material you transmit or communicate to the Site whether through use of Message Features or by electronic mail, posting or otherwise, including any data, questions, comments, criticisms, suggestions, and the like (each transmission or communication, a "Message"), is and will be treated as non-confidential and non-proprietary. Any Message may be used in any manner by SMGSA, its affiliates, and/or any third party, for any purpose whatsoever, including without limitation reproduction, storage, disclosure, transmission, publication, broadcast, sale, and posting. You expressly waive any and all privacy and ownership rights to any Message, and you expressly release and authorize SMGSA to publish or use in any manner your Message and any identifying information provided therewith. You also acknowledge and agree that any Message is subject to loss, misdirection, misinterpretation, and accidental deletion, and therefore (regardless of whether a particular Message is actually received) no such Message shall constitute notice to SMGSA for any purpose, and SMGSA has no obligation, express or implied, to maintain any Message. Furthermore, you authorize SMGSA to use in any manner and for any purpose whatsoever any ideas, concepts, know-how, or techniques contained in any Message, including without limitation developing, manufacturing, and marketing products using or relying on such information. You expressly waive and irrevocably assign to SMGSA any and all rights and interests you may have to payment, royalty, commission, compensation, or any other benefit of any kind which may otherwise accrue to you as a direct or indirect result of any income, revenue, or other benefit to SMGSA in any manner arising out of or related to your Message.
6. You must not transmit any Message on the Site that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
7. SMGSA shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message that: (i) violates any of these Terms and Conditions; or (ii) is otherwise illegal, offense or inappropriate. Depending on the nature of the violation, SMGSA shall have the sole discretion to terminate your access to the Site. Please be advised that SMGSA will fully cooperate with any law enforcement authorities or court order requesting or directing SMGSA to disclose personal information of anyone who submits a Message or posts any information or materials on the Site or elsewhere that violates the foregoing terms in accordance with the Privacy Policy of the Site.
8. SMGSA assumes no responsibility or liability arising from the content of any Message, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, fraud, misrepresentation, or inaccuracy contained therein, and you agree to hold harmless SMGSA for any damages, loss, or other liability in connection with any of the foregoing. You agree to indemnify SMGSA for any liability or loss suffered or incurred by SMGSA as a direct or indirect result of your posting or transmission of any Message.
9. Links on the Site to other sites are provided as a convenience and do not imply endorsement by SMGSA of any other site. SMGSA is not responsible for the contents of any other site linked to this Site, or for any consequential or other damages, liabilities, or loss suffered by any party as a result of linking between the Site and any other site. You expressly accept and assume all such risks and agree to hold SMGSA harmless for any loss directly or indirectly related to such risks.
10. SMGSA may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. Please report any technical, typographical, or other errors herein to SMGSA. Please direct requests to reproduce protected Site content to SMGSA. You agree that the interpretation and enforcement of this Legal Notice and these Terms and Conditions shall be governed by the laws of the State of Tennessee without regard for its principles of conflicts of laws. You agree that you do not have any expectation or understanding of your relationship with SMGSA or your use of the Site or the Content which is inconsistent with the provisions of the Legal Notice or these Terms and Conditions. In the event that any provision of this Legal Notice or these Terms and Conditions, or the application thereof to any part or circumstance, shall be determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Legal Notice or these Terms and Conditions, or the application of such provision to circumstances other than those as to which it is determined invalid or unenforceable, shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. You agree that, in the event you violate any of the provisions of the Legal Notice or these Terms and Conditions, SMGSA may seek specific performance in addition to any other available legal or equitable relief, and that all remedies and relief provided for herein and at law shall be cumulative.
11. Pursuant to Title 17, United States Code, Section 512(c)(2), you agree that notifications of claimed copyright infringement shall be sent to the SMGSA's Designated Agent at the following address: Signal Mountain Girls Softball Association, ATTN: WEBMASTER, P.O. Box 657, Signal Mountain, TN 37377. To be effective, the notification must be a written communication that includes the following:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. All information the SMGSA provides on the Site or by any other means is for informational and directional purposes only; it does not address specific circumstances of any particular entity; it is not necessarily complete, accurate or current; it does not constitute professional or legal advice (a company should seek opinions of qualified professionals). Hence, the SMGSA disclaims its responsibility for any loss, however arising, from the use of or reliance on this information.

SMGSA may change, suspend or discontinue any aspect of the Site at any time, including the availability of any site feature, database, or content. SMGSA may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the SMGSA's sole and exclusive discretion, without prejudice to any legal or equitable remedies available to SMGSA, for any reason or purpose, including but not limited to, conduct the SMGSA believes violates these Terms and Conditions or other policies or guidelines posted on the Site or conduct which SMGSA believes is harmful to other customers, to SMGSA's business, or to other information providers. Upon any termination of this agreement, you will discontinue your use and access of the Site and destroy all materials obtained from it.